Landmark Asbestos Compensation Case against James Hardie in Sydney

For Margaret Dawson, the 20 years she spent washing the work clothing of her father and her husband would lead to her untimely death. The Sydney, Australia resident would be diagnosed with malignant mesothelioma and pass away at 64.

Mrs. Dawson decided to seek legal action against James Hardie, the company where both her father, Gilbert Batchelor, and her husband, Maurice Dawson, were longtime employees.

Mrs. Dawson was diagnosed with mesothelioma in May 2007, and immediately sued James Hardie through the Dust Diseases Tribunal claiming the washing of asbestos laden clothing led to her asbestos exposure. In a landmark decision, the tribunal awarded her $350,000 in personal compensation and another $193,000 in unpaid earrings for looking after her two grandchildren. Unfortunately, Mrs. Dawson would never hear the outcome of the case. She passed away only eight months after her diagnosis.

Mrs. Dawson’s daughter, Corina Novek, said her mother gave up her medical secretary job to look after her grandchildren and allow Mrs. Novek to go back to work. She describes the 18-month legal battle with James Hardie as “disgusting” and the company appealed to the Supreme Court before finally losing last month.

Vice President of Investor and Media Relations for the company, Sean O’Sullivan would not comment on the case saying only that it was a matter for the Asbestos Injuries Compensation Fund. The fund was set up by James Hardie in 2001 to avoid obligations to asbestos victims.

President of the Asbestos Disease Foundation of Australia, Berry Robson, said the case is a “huge decision for asbestos victims” because it recognizes not only the person who contracted the illness but also those that are provided for by him or her.